Jack Harlan
There’s a dispute between the Knox County Sheriff and State’s Attorney as to whether to enforce an assault weapons ban signed by the Illinois Governor Tuesday night.
HB 5471 immediately and effectively bans certain semi-automatic firearms and standard capacity magazines holding more than 12 rounds of ammunition.
Sheriff Jack Harlan issued a statement on Wednesday saying that he swore to uphold “the rights provided to all of us in the Constitution”, and as a result will not enforce the law.
Harlan believes the act is a violation of the 2nd amendment.
That means Harlan says his staff won’t be checking to make sure residents have firearms registered with the state, and won’t arrest or house anyone in the jail who is in violation of the act.
Democratic State’s Attorney Jeremy Karlin says he disagrees with Harlan’s stance and asks him to reconsider.
He points out that HB5471 is presumed constitutional and enforceable until Illinois courts state otherwise, and that “until a court issues such a ruling, a law enforcement officer has an obligation to investigate crimes and enforce the law.”
Karlin says there is a process to address the constitutionality of a newly-enacted law, such as when he joined a lawsuit challenging the constitutionally of the Pretrial Fairness Act.
He also says the “sheriff’s unilateral approach creates a problematic patchwork of enforcement”, for example, if Galesburg police made an arrest and Harlan refused to let them into the jail.
Gov J.B. Pritzker said on Tuesday night, “The reality is that the State Police is responsible for enforcement, as are all law enforcement all across this state. And they will, in fact, do their job or they won’t be in their job.”
Further responding to Karlin’s comments says his release was in accordance with the Illinois Sheriff’s Association’s statements and views and “isn’t trying to make anything political.”
